Gajendra S/O Mahanand Pantawane v. State Of Mah. Thr. Pso Ps Pachpaoli Nagpur (City) Nagpur

5.aba.587.2021.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR CRIMINAL APPLICATION (APPP) NO.1221 OF 2022 IN CRIMINAL APPLICATION (ABA) NO.587 OF 2021 (D) Gajendra S/o Mohanand Pantawane

Versus

State of Maharashtra, through P.S.O., P.S. Pachpaoli, Nagpur Office Notes, Office Memoranda of Court's or Judge's Order Coram, appearances, Court's Orders or directions and Registrar's order Shri Shriniwas Deshpande, Adv. h/f Shri R.K. Paunipagar, Adv. for the applicant.

Shri A.M. Kadukar, A.P.P. for the non-applicant/State. CORAM : ANIL S. KILOR, J.

DATED : 05/08/2022 1.

Shri Deshpande, learned counsel for the applicant seeks permission to withdraw the amount of Rs.5,00,000/- which was deposited by the applicant to show his bonafide, in pursuance to the order dated 17.12.2021 and which was transferred to the trial Court on rejection of bail application vide order dated 28.02.2022. 2.

Shri Deshpande, learned counsel for the applicant submits that after rejection of bail application, the dispute was resolved by way of settlement between the parties and accordingly, proceedings of quashment of First Information Report (FIR) came to be filed which was C.L.Dhakate

5.aba.587.2021.odt allowed by this Court vide order dated 15.06.2022, passed in Criminal Application (APL) No.963 of 2021. 3.

He has further pointed out the reply filed by the complainant in the said proceedings i.e. Criminal Application (APL) No.963 of 2021, on affidavit, wherein he has stated that in view of the settlement, he did not want to proceed the said matter. He further states that he has received the amount of Rs.5,00,000/- in Paragraph-3 of the affidavit dated 14.06.2022.

4.

In the said backdrop, the applicant is permitted to withdraw the amount of Rs.5,00,000/- which was transferred to the trial Court vide order dated 28.02.2022. 5.

The amount is permitted to be withdrawn as per prayer clause-(i).

The criminal application is disposed of accordingly.

[ANIL S. KILOR, J.] Signed By:CHETAN LOPCHAND DHAKATE Personal Assistant to the Hon'ble Judge C.L.Dhakate